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HomeMy WebLinkAbout023564 ORD - 02/16/1999AN ORDINANCE CLOSING AND ABANDONING A 75.00 -SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 25, AND WEST 19.82 FEET OF LOT 26, BLOCK 1, DEL MAR ADDITION, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNERS, DR. SALVADOR ZAMORA AND NANETTE ZAMORA, REPLATTING THE PROPERTY WITHIN 180 DAYS AT THEIR EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 75.00 -square foot portion of a 5 -foot wide utility easement out of Lot 25, and west 19.82 feet of Lot 26, Block I, Del Mar Addition, recorded in Volume 25, Page 81 , of the Map Records of Nueces County, Texas, and that the Owners, Dr. Salvador Zamora and Nanette Zamora ("Owners"), wish to have closed and abandoned. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said utility easement for public use, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 75.00 -square foot portion of a 5 -foot wide utility easement out of Lot 25 and west 19.82 feet of Lot 26, Block 1, Del Mar Addition, in Volume 25, Page 81, of the Map Records of Nueces County, Texas, is ciosed and abandoned for public use, subject to Owners complying with the following specified conditions as part of closure: (1) That Owners pay the fair market value of $280.00 for the 75.00 -square foot portion of an existing 5 -foot utility easement being closed and abandoned. (2) That Owners must replat the property within 180 days at Owners' expense. The City Manager may extend the time limit for an additional 180 days if extenuating circumstances outside of the Owners' control necessitate an extension. (3) That Owners pay to record an executed Declaration of Covenant indemnifying the City of Corpus Christi for any and all damages in consideration for this utility easement closure. (4) That Owners pay for replacement of secondary conductors to secure the proper clearances as stipulated in the National Electric Safety Code, Rule 234C1a, table 234-1. H:\LEG-DIR\DIANNA\J E RRY\ORD\050.ORD 023564 SECTION 2. That upon written request of the Mayor or five Council members, copy attached, do find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that t is ordinance is .assed and shall take effect upon first reading as an emergency measure this the day of 1999. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., MAYOR Legal form approved r -Ph • / o By: , 1999, James R. Bray, Jr., City Attorney. Gerard V. D'Alessio Assistant City Attorney H:\LEG-DI R\DIANN AUE R RY\ORD\050.ORD piais chr Cgr1) cii a 1 1 ayy ofT TO THE MEMBERS OF THE CITY d UNCIL Corpus Christi, Texas , 1999. For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, J Mayor THE CITY OF CORPUS HRISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria LC 1 J John Longoria (�ti Edward A. Martin (� , tr./L. Dr. David McNichols n:\LEG-DI R\DI AN NA\JERRY\ORD\050.ORD 02355